Disposed

Nuney Tayeng v. the Union of India and 8 Ors.

Gauhati HC5 Mar 2021WP(C)/66/2021

Case brief

AI extract

What is this about?

The High Court disposed of the writ petition at the motion stage. The Court directed the Additional Deputy Commissioner to consider and dispose of the petitioner's representation regarding unauthorized occupation of their land by the Assam Rifles within three weeks.

What did the court decide?

Direction to the Additional Deputy Commissioner, Jairampur, to consider and dispose of the petitioner's representation within three weeks with a speaking order.

Nuney Tayeng Vs the Union of India and 8 Ors. — Land Acquisition | Gauhati HC (2021)

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Page No.# 1/2

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GAHC040002562021

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THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) (ITANAGAR BENCH)

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Case No. : WP(C) 66/2021

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1:Nuney Tayeng S/O LT. POSU TAYANG, A RESIDENT OF SHIVAJI NAGAR PO/PS TEZU, DIST. LOHIT, AP.

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VERSUS

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1:THE UNION OF INDIA, MINISTRY OF HOME AFFAIRS, CENTRAL SECRETARIAT, NORTH BLOCK, NEW DELHI, REPRESENTED BY THE SECRETARY AND THE MINISTRY OF DEFENCE, SOUTH BLOCK, NEW DELHI REPRESENTED BY THE SECRETARY.

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2:THE STATE OF AP REPRESENTED BY THE CHIEF SECRETARY GOVT OF AP

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3:THE DIRECTOR GENERAL OF THE ASSAM RIFLES (DGAR) HEAD QUARTER EAST KHASI HILLS SHILLONG MEGHALAYA.

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4:THE SECRETARY LAND MANAGEMENT GOVT. OF AP ITANAGAR.

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5:THE DIRECTOR LAND MANAGEMENT GOVT. OF AP ITANAGAR.

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6:THE DEPUTY COMMISSIONER CHANGLANG DISTRICT CHANGLANG AP.

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7:THE ADDITIONAL DEPUTY COMMISSIONER JAIRAMPUR CHANGLANG DISTRICT AP.

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8:THE DISTRICT LAND REVENUE AND SETTLEMENT OFFICER (DLRSO) CHANGLANG DISTRICT CHANGLANG AP.

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9:THE COMMANDANT 13 ASSAM RIFLES HQ BATTALION CO 99 APO JAIRAMPUR DIST. CHANGLANG AP

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Advocate for the Petitioner : C W Mantaw Advocate for the Respondent : GA (AP), M Kato ASG, D Kamduk SC(Land Management)

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Page No.# 2/2

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BEFORE HONBLE MR. JUSTICE NELSON SAILO

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ORDER

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Date : 05-03-2021

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Heard Mr. C. W. Mantaw, learned counsel for the petitioner. Also heard Mr. Duge Soki, learned Addl. Senior Government Advocate, and Mr. Dugmar Kamduk, learned standing counsel, Land Management Department, Government of Arunachal Pradesh, appearing on behalf of their respective respondents.

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Mr. Mantaw, learned counsel for the petitioner, submits that the petitioner and other similarly situated persons are the owners of the land at Jairampur under Changlang District. The Assam Rifles without acquiring their lands, have occupied the same since the year 1952.

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The petitioner has been approaching the respondent authorities on many occasions and the last representation was filed on 21.10.2019(Annexure-III). The representation was addressed to the Additional Deputy Commissioner, Jairampur, Changlang District, and it was duly received by the said authority. However, till date, neither, the same has been considered nor disposed of. Hence, the petitioner is before this Court.

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Mr. Mantaw, learned counsel for the petitioner, submits that the limited prayer of the petitioner, at this stage, is that a direction may be given to the Additional Deputy Commissioner, Jairampur, Changlang District, to consider and dispose of the representation filed by the petitioner within a timeframe.

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Considering the limited prayer of the petitioner, the writ petition is disposed of at the motion stage itself with a direction to the Additional Deputy Commissioner, Jairampur, Changlang District (Respondent No. 7) to consider and dispose of the representation, dated 21.10.2019, submitted by the petitioner, with a speaking order, in accordance with law, within a period of 3(three) weeks from the date of receipt of a certified copy of this order. The petitioner shall also furnish a copy of this writ petition to the said authority.

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JUDGE

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Comparing Assistant

Nuney Tayeng v. the Union of India and 8 Ors.

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Nuney Tayeng v. the Union of India and 8 Ors.

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